The Wildlife Act
This provision defines key wildlife terms and sets out many hunting, trapping, licensing, and enforcement rules.
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This provision defines key wildlife terms and sets out many hunting, trapping, licensing, and enforcement rules. This part lets the minister and officers issue and enforce wildlife licences and permits, and it sets duties, offences, penalties, and reporting requirements.
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The Wildlife Act — segment 1
This provision defines key wildlife terms and sets out many hunting, trapping, licensing, and enforcement rules.
The Wildlife Act, C.C.S.M. c. W130 bilingual version (HTML) Table of Contents Section 1 Definitions PART I DESIGNATED AREAS 2 Designation of Crown and other lands 3 Regulations re designated areas 4-5 Repealed 6 Acquisition of lands 7-8 Repealed PART II OFFENCES 9 Application of Part DIVISION 1 — DANGEROUS HUNTING OFFENCES 10 Dangerous hunting 11 Hunting while intoxicated 12 Night hunting prohibited 12.1 Night hunting in northern Manitoba 12.2 Night hunting permit required in southern Manitoba 12.3 Considerations re night hunting areas 12.4 No night hunting on private land 12.5 Use of lights while night hunting 13 Offence and penalties 14 Offence causes licence suspension DIVISION 2 — HUNTING AND TRAPPING OFFENCES 15 Licence requirement 16 Hunting or trapping in damaging manner 17 Restricted area 18 Hunting or trapping for remuneration 19 Possession of illegally taken animals 20 Prohibitions re protected species 21 Wrong age or sex of animal 22 Hunting from vehicles 23 Hunting other than with firearms 24 Use or possession of poison 25 Repealed 26 Hunting out of season prohibited 27 No discharging firearm at night 28 Bag limit 29 Possession limit 30 Buying, selling or serving meat of wild animal 30.1 Trading in wild animals 31 Transporting illegally taken animals 32 Retrieval and wastage of game 33 No hunting, trapping or retrieval on private land or leased Crown land 33.1 Recapture of escaped game production animal 34 Use of firearms 35 Use of dogs 36 Offence and penalty 37 Offence causes licence suspension DIVISION 3 — FUR BEARING ANIMAL OFFENCES 38 Trapping in a registered trapline district 39 Interference with traps 40 Restrictions on muskrat, beaver and otter and on opening animal dens 40.1 Landowner removal of beaver dams 41 Repealed 42 Trading in furs 43 Purchase or dressing of pelts 44 Repealed DIVISION 4 — GENERAL OFFENCES 45 Possession of live wild animals 46 Defence of property 47 Transporting 48 Prohibited species of animals, importing and exporting 49 Destruction of nest or eggs 50 Destruction of habitat 51 Guide licence 52 Taxidermy licence 53 Notices and signs 54 Repealed PART III LICENSING 55 Issue, form and terms of licences and permits 55.1 Regulations re authorized issuer 55.2 Agreements re licence issuance 55.3 Not Crown agent 55.4 Refusal to issue licence or permit if fine unpaid 55.5 Consequences of suspension in other jurisdiction 56 Compliance with terms and conditions 57 Cancellation of licences or permits 58 Repealed 59 False statements 60 Transfer or use of another's licence prohibited 61 Licence to be carried on person 62 Licence for special area, period or method 63 Fee to licence issuer 63.1 Allocation of licences to guides and outfitters 64 Authorization to capture or kill wildlife 64.1 Officer may capture or kill wildlife 65 Permit for wildlife or exotic wildlife, nests or eggs 66 Licences and permits do not affect land 67 Repealed PART IV ENFORCEMENT 68 Appointment of employees and officers 69 Authority of officer 69.1 Exemption for officer 70 Inspection and powers of an officer 71 Seizure in execution of duties 72 Inspection of firearms 73 Officer may stop vehicle and inspect wildlife or exotic wildlife 73.1 No obstruction of officers 74 Officer may kill dog 75 Definition of "possession", place of origin of wildlife 76 Onus arising from possession 77 Certificate of minister as evidence 78 Forfeiture of wildlife and other things 79 Jurisdiction of justice of peace 80 Offence and penalty 81 Limitation period and further to offences PART V GENERAL 82 Annual report 83 Five year reports by minister 84 Agreements and lease agreements 85 Property in wildlife or exotic wildlife vested in Crown 86 Property in live or lawfully killed wildlife 86.1 Liability for value of animal 86.2 Notice 86.3 Action to recover amount owing 86.4 Regulations establishing value of wild animals 86.5 Repealed 86.6 Licence suspended while amount owing 87 Disposal of wildlife or exotic wildlife 87.1 Delegation of powers 88 Compensation for livestock killed accidentally 88.1 Shared management committee 89 Regulations by LG in C 90 Regulations by minister 91 Application of regulations 91.1 Incorporation by reference 92 Rents, fees and fines to minister, cost of administration 93 Rights against trespassers preserved 94 Act subject to Natural Resources Transfer Act Schedule A Wild Animals B Map HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act "amphibian" means an animal of a species or type listed in Division 5 of Schedule A or declared by the regulations to be an amphibian, or any part thereof; (« amphibien ») "big game animal" means an animal of a species or type listed in Division 1 of Schedule A or declared by the regulations to be a big game animal, or any part thereof; (« gros gibier ») "Canadian resident" means a person, other than a Manitoba resident, who is (a) a Canadian citizen, (b) a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada), or (c) a person whose primary residence is in Canada and who has lived in Canada for at least six consecutive months during the 12-month period immediately before the person applies for a licence or permit under this Act; (« résident du Canada ») "Crown" means His Majesty the King, in right of the province; (« Couronne ») "department" means the department of government over which the minister presides; (« ministère ») "exotic wildlife" means a live or dead animal of any species or type that is (a) wild by nature but not indigenous in the province, and is declared by the regulations to be exotic wildlife, (b) a hybrid descendant of an animal described in clause (a), or (c) an egg, sperm, embryo or body part of an animal described in clause (a) or (b); (« faune non indigène », « gibier non indigène » ou « animal de la faune non indigène ») "firearm" means any device that fires projectiles by means of explosives, compressed air or springs and, without limiting the generality of the foregoing, includes a rifle, shotgun, air gun, pistol, revolver, spring gun and crossbow but does not include a bow or a toy; (« arme à feu ») "fur bearing animal" means an animal of a species or type listed in Division 2 of Schedule A or declared by the regulations to be a fur bearing animal, or any part thereof; (« animal à fourrure ») "game bird" means a bird of a species or type listed in Division 3 of Schedule A or declared by the regulations to be a game bird, or any part thereof; (« gibier à plume ») "game production animal" means a game production animal as defined in The Livestock Industry Diversification Act ; (« gibier d'élevage ») "game production farm" means a game production farm as defined in The Livestock Industry Diversification Act ; (« ferme d'élevage de gibier ») "habitat" means the soil, water, food and cover components of the natural environment that are necessary to sustain wildlife; (« habitat ») "hunting" means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, shooting at, stalking or lying in wait for wildlife, whether or not the wildlife is then or subsequently captured, killed, taken or wounded, but does not include (a) trapping or attempting to trap wildlife, or (b) stalking, attracting, searching for or lying in wait for wildlife by an unarmed person solely for the purpose of watching or taking pictures of wildlife; (« chasse ») "licence" means a licence issued under this Act; (« permis ») "loaded firearm" means a firearm that has a propellant powder, projectile or cartridge that (a) is capable of being discharged from the firearm, and (b) is contained in the breech or firing chamber or in a cartridge magazine attached to or inserted into the firearm; (« arme à feu chargée ») "Manitoba resident" means a person whose primary residence is in Manitoba and who has lived in Manitoba for at least six consecutive months during the 12-month period immediately before the person applies for a licence or permit under this Act; (« résident du Manitoba ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of the Act; (« ministre ») "night" means the period beginning 30 minutes after sunset and ending 30 minutes before sunrise the following day; (« nuit ») "non-Canadian resident" means a person who is not a Manitoba resident or a Canadian resident; (« non-résident du Canada ») "officer" means (a) a person appointed as an officer under subsection 68(2), (a.1) a conservation officer appointed under The Conservation Officers Act , (b) a peace officer appointed under an Act of the Legislature or the Parliament of Canada, or (c) an officer appointed under the Customs Act (Canada); (« agent ») "pelt" means the skin or hide of a fur bearing animal that has not been tanned or otherwise processed by chemical or mechanical means; (« peau ») "permit" means a permit issued under this Act; (« licence ») "personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act ; (« renseignements personnels ») "poison device" means a device designed to propel a poison by mechanical or explosive means; (« mécanisme d'empoisonnement ») "power boat" means a boat, raft or barge of any kind that is being driven, drawn or propelled by any means other than human muscular power; (« embarcation motorisée ») "prescribed" means prescribed by regulation; "protected species" means a species or type of animal listed in Division 6 of Schedule A or declared by the regulations to be a protected species, or any part thereof; (« espèces protégées ») "regulations" means regulations made under this Act by the Lieutenant Governor in Council or the minister; (« règlements ») "reptile" means an animal of a species or type listed in Division 5 of Schedule A or declared by the regulations to be a reptile, or any part thereof; (« reptile ») "shooting preserve" means land that is privately owned and maintained and on which wildlife that has been raised in captivity is kept in captivity, or released, for the purpose of hunting; (« réserve de gibier ») "small game animal" means an animal of a species or type listed in Division 4 of Schedule A or declared by the regulations to be a small game animal, or any part thereof; (« petit gibier ») "trapping" means taking, capturing or killing or attempting to take, capture or kill wildlife by any means or contrivance designed to enclose, capture, hold, ensnare or otherwise restrain an animal, whether that means or contrivance kills the animal or not; (« piégeage ») "vehicle" means a motor vehicle, trailer, tractor, power boat, aircraft or any other vehicle drawn, propelled or driven by any means other than human power; (« véhicule ») "wild animal" means an animal or bird of a species or type listed in Schedule A or declared by the regulations to be a wild animal; (« animal sauvage ») "wildlife" means a live or dead vertebrate animal of any species or type that is not a fish and is (a) wild by nature and indigenous in the province, (b) listed in Schedule A, (c) declared by the regulations to be big game, a game bird, a fur bearing animal, an amphibian or reptile, or a protected species, (d) a hybrid descendant of an animal described in clause (a), (b) or (c), or (e) an egg, sperm, embryo or body part of an animal described in clause (a), (b), (c) or (d); (« faune », « gibier » ou « animal de la faune ») "wildlife farm" means an area where wildlife of any species or type is kept, raised, bred or propagated in captivity, for any purpose. (« exploitation faunique ») S.M. 1989-90, c. 27, s. 2 ; S.M. 1992, c. 58, s. 36 ; S.M. 1994, c. 8, s. 2 ; S.M. 1996, c. 37, s. 39 ; S.M. 2000, c. 10, s. 3 ; S.M. 2008, c. 42, s. 97 ; S.M. 2014, c. 19, s. 4 ; S.M. 2015, c. 4, s. 31 ; S.M. 2015, c. 33, s. 2 ; S.M. 2018, c. 33, s. 2 ; S.M. 2023, c. 11, s. 2 . PART I DESIGNATED AREAS Designation of areas 2(1) When the Lieutenant Governor in Council is satisfied that the wildlife resource of the province would be better managed, conserved or enhanced, it may, by regulation, designate areas of the province in accordance with this section. Designation of Crown lands 2(2) The Lieutenant Governor in Council may designate Crown lands as (a) wildlife management areas; (b) registered trapline districts; (c) special trapping areas; or (d) any other type of area that the Lieutenant Governor in Council may specify. Designation of Crown lands and other lands 2(3) The Lieutenant Governor in Council may designate Crown lands and lands other than Crown lands as (a) animal control areas; (b) game bird refuges; (c) managed hunting areas; (d) wildlife refuges; or (e) any other type of area that the Lieutenant Governor in Council may specify. S.M. 1991-92, c. 17, s. 2 ; S.M. 1994, c. 8, s. 3 . Regulations respecting designated areas 3(1) Unless otherwise provided by this Act or the regulations, the designation of an area for the better management, conservation and enhancement of the wildlife resource of the province in accordance with section 2 does not limit or affect the uses and activities that may be undertaken in the area, and the minister may make such regulations as the minister considers appropriate (a) respecting the use, control and management of an area; (b) authorizing, regulating or prohibiting any use, activity or thing in an area; (c) authorizing the construction, operation and maintenance of any building, structure or thing in a wildlife management area. Application of regulations for designated areas 3(2) A regulation under clause (1)⁠(a) or (b) may be made applicable to any type of area or to any area or any part of an area designated in accordance with section 2. S.M. 1991-92, c. 17, s. 2 . 4 [Repealed] S.M. 1991-92, c. 17, s. 2 . 5 [Repealed] S.M. 1989-90, c. 27, s. 3 ; S.M. 1991-92, c. 17, s. 2 . Acquisition of lands 6 The government may acquire, by purchase, exchange, expropriation under The Expropriation Act , or otherwise, any land required as a designated area for the purposes of this Part. 7 [Repealed] S.M. 1989-90, c. 27, s. 4 . 8 [Repealed] S.M. 1989-90, c. 27, s. 5 . PART II OFFENCES Application of Part 9 This Part applies on all land within the province, including land designated under Part I. DIVISION 1 DANGEROUS HUNTING OFFENCES Dangerous hunting 10 No person shall hunt (a) in a manner that is dangerous to other persons; or (b) without due regard for the safety of other persons. Hunting while intoxicated 11 No person shall hunt while their ability to do so is impaired by alcohol or a narcotic drug. Night hunting prohibited 12(1) No person shall hunt at night, except when permitted under section 12.1 or 12.2 or by regulation. Conduct deemed to be night hunting 12(2) Without limiting the conduct prohibited under subsection (1), a person is deemed to be hunting at night if (a) they, or another person in their company, directs an artificial light at night into an area where a vertebrate animal may reasonably be expected to be found; (b) they are in possession of a firearm or have ready access to a firearm; and (c) their firearm is loaded or they have ready access to ammunition for their firearm. S.M. 2018, c. 33, s. 3 . Night hunting in northern Manitoba 12.1 Within the area designated as northern Manitoba in Schedule B, an aboriginal person may hunt at night if (a) the person's hunting is an exercise of aboriginal rights or treaty rights or rights under paragraph 13 of the Memorandum of Agreement set out in The Manitoba Natural Resources Transfer Act ; and (b) the person complies with all prohibitions and requirements established by regulation. S.M. 2018, c. 33, s. 3 . Night hunting permit required in southern Manitoba 12.2(1) Within the area designated as southern Manitoba in Schedule B, an aboriginal person may hunt at night if (a) the person holds a valid permit that authorizes the person to hunt at night; and (b) the person is hunting in an area specified in the permit and is complying with the terms and conditions imposed on the permit. Application 12.2(2) An application for a night hunting permit must be made in writing to the department and must include all information required by regulation. Decision on application 12.2(3) A night hunting permit may be issued if (a) the applicant's proposed hunting involves an exercise of aboriginal rights or treaty rights or rights under paragraph 13 of the Memorandum of Agreement set out in The Manitoba Natural Resources Transfer Act ; (b) there is an area within or close to where the applicant proposes to hunt where the department has determined that night hunting may be conducted; and (c) allowing the applicant to hunt at night will not threaten the viability of the species of wildlife the person proposes to hunt. Terms and conditions 12.2(4) A night hunting permit must set out (a) the specific area where the holder of the permit is authorized to hunt at night; (b) the period when the permit is valid; and (c) any additional terms or conditions considered necessary to ensure that the night hunting is carried out safely or to address conservation management objectives. No fees 12.2(5) No fee is payable for a night hunting permit or for an application for a night hunting permit. S.M. 2018, c. 33, s. 3 . Considerations re night hunting areas 12.3 When determining whether night hunting may be conducted in an area for the purpose of clause 12.2(3)⁠(b), the department must (a) consider whether the area is a sufficient distance from residences, developed areas, areas used by livestock, roads and highways; (b) have regard to the nature and topography of land in the area and the use of all lands adjacent to the area; and (c) seek input from adjacent landowners, the applicable local government authority and aboriginal communities that are located in close proximity to the area. S.M. 2018, c. 33, s. 3 . No night hunting on private land 12.4 Night hunting on private land is not permitted under section 12.1 or 12.2, except in circumstances prescribed by regulation. S.M. 2018, c. 33, s. 3 . Use of lights while night hunting 12.5 An aboriginal person who is hunting at night in accordance with section 12.1 or 12.2 may use artificial lights, unless prohibited from doing so by regulation or by a term or condition imposed on a night hunting permit issued to them. S.M. 2018, c. 33, s. 3 . Offence and penalties 13 A person who contravenes a provision of this Division is guilty of an offence and is liable on conviction to a fine of at least $3,000 and not more than $100,000, imprisonment for up to one year, or both. S.M. 1989-90, c. 27, s. 6 ; S.M. 1994, c. 8, s. 4 ; S.M. 2015, c. 33, s. 3 ; S.M. 2018, c. 33, s. 4 . Holding of licence prohibited 14(1) Where a person is convicted of an offence under this Division, all of the licences of that person that authorize the hunting, killing or taking of an animal of a species or type listed in Division 1, 3 or 4 of Schedule A are automatically cancelled, and the right of that person to obtain or hold any such licence is suspended for one year. Suspension may be increased 14(2) A justice hearing a case involving an offence under this Division may increase the suspension to a maximum of five years, except that where an offence under this Division has resulted in bodily injury to another person, the justice may increase the suspension for any period of time beyond five years that the justice considers reasonable. Effective date of suspension 14(3) A suspension under this section is effective from the date of the conviction. Obtaining licence prohibited 14(4) A person whose licence has been suspended under this section shall not obtain or attempt to obtain a licence of a kind described in subsection (1) during the period of the suspension. S.M. 1989-90, c. 27, s. 7 . DIVISION 2 HUNTING AND TRAPPING OFFENCES Licence requirement 15(1) Except as may be otherwise permitted by this Act or a regulation under this Act, no person shall hunt, trap, take, kill or capture or attempt to trap, take, kill or capture a wild animal unless the person does so under the authority of a licence. Exception 15(2) Subsection(1) does not apply to a person taking a wild animal listed in Division 5 of Schedule A for their own use. S.M. 1989-90, c. 27, s. 8 . Hunting or trapping in damaging manner 16 No person shall hunt or trap wildlife in a manner that causes or is likely to cause damage to crops, livestock or other property. S.M. 1989-90, c. 27, s. 9 . Restricted area 17 No person shall hunt, trap, take or kill a wild animal or attempt to trap, take or kill a wild animal in an area of the province where the hunting, trapping, taking or killing of that species or type of wild animal is prohibited or is not permitted, as the case may be, by a regulation made under this Act. S.M. 1989-90, c. 27, s. 10 . Hunting or trapping for remuneration 18 Subject to the provisions of this Act and the regulations and the terms or conditions of any licence or permit issued, no person shall (a) for hire, gain, remuneration or reward or the hope or expectation thereof, hunt, trap, kill, take or capture a wild animal, other than a black bear, a wolf or an animal listed in Division 2 or 5 of Schedule A taken under the authority of a licence to hunt, trap, kill, take or capture animals of that species or type; or (b) hire or pay or offer to hire or pay another person to hunt, trap, kill, take or capture a wild animal of a kind described in clause (a). S.M. 1989-90, c. 27, s. 10 . Possession of illegally taken animals 19 No person shall have in their possession any wildlife or a part of any wildlife captured, killed or taken in contravention of this Act or the regulations. Prohibitions re protected species 20 Except as may be otherwise permitted by this Act or the regulations, no person shall hunt, trap, take, kill or capture a wild animal of a species or type that is listed or designated as a protected species under this Act or the regulations, or have in their possession such a wild animal or any part thereof. S.M. 1989-90, c. 27, s. 11 ; S.M. 2008, c. 42, s. 97 . Wrong age or sex 21 No person shall hunt, take or kill or attempt to take or kill any wildlife of an age or sex the hunting of which in that area and at that time is either prohibited or not permitted by the regulations. Hunting from vehicles 22 Except as may be otherwise permitted by this Act or the regulations, no person, whether for themselves or to assist another, shall chase, drive, flush, pursue, worry, harass, follow after or on the trail of, or search for, any wildlife from a vehicle. Hunting other than with firearms 23 Except as may be otherwise permitted by this Act or the regulations, no person shall capture, kill or take or attempt to capture, kill or take a wild animal, other than a fur bearing animal, an amphibian or a reptile, by means other than a rifle, shotgun, cross bow or bow and arrow. Use of poison 24(1) No person shall use poison (a) to trap, take or kill or attempt to trap, take or kill a wild animal; or (b) in a manner that is likely to result in the killing or taking of a wild animal. Possession of poison 24(2) No person shall possess poison or a poison device for the purpose of hunting, trapping, taking or killing a wild animal. Exception 24(3) Subsections (1) and (2) do not apply to a person who uses or possesses poison or a poison device under the authority of a permit issued by the minister. S.M. 1989-90, c. 27, s. 12 . 25 [Repealed] S.M. 2023, c. 11, s. 3 . Hunting out of season 26 No person shall hunt, trap, take or kill or attempt to trap, take or kill a wild animal during a period of the year when the hunting, trapping, taking or killing of that species or type of wild animal is either prohibited or not permitted by the regulations. S.M. 1989-90, c. 27, s. 13 . No discharging firearm at night 27(1) No person shall discharge a firearm at night unless (a) the person is hunting at night as permitted under section 12.1 or 12.2 or the regulations; or (b) the discharge occurs in prescribed circumstances. Definition of "discharge" 27(2) In subsection (1), "discharge" means the expulsion of a projectile or projectiles. S.M. 1994, c. 8, s. 5 ; S.M. 2018, c. 33, s. 5 . Bag limit 28 No person shall, within any period of time, take, kill or trap a greater number of wild animals of a particular species or type than is permitted by this Act or the regulations for that period of time and for that species or type. Possession limit 29 No person shall have in their possession a greater number of carcasses of a species or type of wild animal than is permitted by this Act or the regulations for that species or type. Buying, selling or serving meat of wild animal 30 Except as may be otherwise permitted by this Act or the regulations, no person shall (a) sell, buy, trade or barter or offer to sell, buy, trade or barter, or keep for the purpose of sale, the meat of any wild animal; or (b) serve the meat of a wild animal as food in or at any place where meals are served for remuneration or in the hope or expectation of remuneration, or as part of the remuneration or salary of a person employed in the place; or (c) bring the meat of a wild animal into, or have possession of the meat of a wild animal in, any restaurant or place where meals are served for remuneration or in the hope or expectation of remuneration or as part of the remuneration, salary or wages of a person employed by the owner or person in charge of the restaurant or place. Trading in wild animals 30.1 Subject to this Act and the regulations, no person shall sell, buy, trade or barter, or attempt or offer to sell, buy, trade or barter, or keep for the purpose of sale, trade or barter, any wild animal or parts of a wild animal except under the authority of a licence or permit. S.M. 1991-92, c. 17, s. 3 ; S.M. 1992, c. 58, s. 36 . Transporting illegally taken animals 31 No person shall ship or transport or deliver to another person for shipping or transporting any wildlife or a part of any wildlife killed or taken in contravention of this Act or the regulations. Retrieval of game 32(1) No person who kills or injures a game bird, a small game animal or a big game animal shall fail to retrieve it or to make every reasonable effort to do so. Edible portions of game 32(2) Subject to subsection (3), no person who kills or injures a game bird, a small game animal or a big game animal, or is in possession of a game bird, a small game animal or a big game animal that has been killed or injured, shall abandon, waste or spoil, or allow to be abandoned, wasted or spoiled, any edible portion thereof. Exceptions 32(3) Subsection (2) does not apply to a gray (timber) wolf or black bear. S.M. 1992, c. 58, s. 36 . Hunting or trapping on private land or leased Crown land 33(1) No person shall hunt, trap or retrieve wildlife (a) on private land, without the permission of the owner or lawful occupant of the land, and in the event of a prosecution the onus of proof that permission was given is upon the hunter or trapper; or (b) on land leased from the Crown that, under the regulations, is posted as a portion of land where hunting or trapping is likely to be injurious to the lawful occupants of the land or to their livestock. Landowner access initiatives 33(2) In order to facilitate access to private land for hunting and trapping by aboriginal persons and others, the minister may work with organizations representing hunters and trappers, aboriginal communities, local governments and other interested parties to promote the granting of written consent by landowners to enable hunting and trapping on private land. S.M. 1989-90, c. 27, s. 14 ; S.M. 2015, c. 33, s. 4 ; S.M. 2018, c. 33, s. 6 . Recapture of escaped game production animal 33.1 A person who attempts to recapture a game production animal that has escaped from a game production farm shall not be regarded as having contravened this Act if (a) the person is the operator of the farm from which the animal escaped or is an employee of the operator; (b) the attempt to recapture takes place within a reasonable time following the animal's escape; and (c) the person uses reasonable and generally accepted methods of humane capture in a way that does not endanger other people or animals or cause damage to property. S.M. 1996, c. 37, s. 39 . Use of firearms 34(1) No person shall (a) carry or have a loaded firearm in or on, or discharge a loaded firearm from, a vehicle except as may be authorized by this Act or the regulations; or (b) hunt game birds with a shotgun of any description that is capable of holding more than three shells at a time, unless the capacity of the gun has been reduced to three shells in the chamber and magazine combined by means of the cutting off or altering or plugging of the magazine with a one-piece metal, plastic or wood filler that cannot be removed without disassembling the gun; or (c) hunt big game with, or have in their possession while hunting big game, any cartridge containing a bullet described as or having a metal-cased hard point, including hard-point military-type bullets but excluding those bullets having a hard point that are designed to increase the expansion of the bullet. 34(2) [Repealed] S.M. 1989-90, c. 27, s. 15. S.M. 1989-90, c. 27, s. 15 . Use of dogs 35 Except as may be permitted by the regulations, no person shall (a) use a dog for, or be accompanied by a dog while, hunting big game animals or wild turkeys; or (b) allow a dog to run after, pursue or molest a big game animal, a fur bearing animal or a wild turkey. Offence and penalty 36(1) Subject to subsection (2), a person who contravenes or fails to observe a provision of this Division is guilty of an offence and is liable to a fine of no more than $25,000 or to imprisonment for a term of no more than six months, or both. Offence and penalty for certain provisions 36(2) A person who contravenes or fails to observe a provision of section 27, 30 or 30.1 is guilty of an offence and is liable to a fine of no more than $100,000 or to imprisonment for a term of no more than one year, or both. S.M. 1989-90, c. 27, s. 16 ; S.M. 1994, c. 8, s. 6 ; S.M. 2015, c. 33, s. 5 . Holding of licence prohibited 37(1) Where a person is convicted of an offence under this Division, all of the licences of that person that authorize the hunting, killing or taking of an animal of a species or type listed in Division 1, 3 or 4 of Schedule A are automatically cancelled, and the right of that person to obtain or hold any such licence is suspended for one year. Suspension may be increased 37(2) A justice hearing a case involving an offence under this Division may increase the suspension referred to in subsection (1) to a maximum of five years. Effective date of suspension 37(3) A suspension under this section is effective from the date of the conviction. Obtaining licence prohibited 37(4) A person whose licence has been suspended under this section shall not obtain or attempt to obtain a licence of a kind described in subsection (1) during the period of the suspension. S.M. 1989-90, c. 27, s. 17 ; S.M. 2015, c. 33, s. 6 . DIVISION 3 FUR BEARING ANIMAL OFFENCES Trapping in registered trapline district 38(1) No person shall hunt, trap or kill a fur bearing animal in a registered trapline district or special trapping area except under the authority of a licence or permit to hunt, trap or kill fur bearing animals in that registered trapline district or special trapping area, as the case may be, and except within that portion of the registered trapline district or special trapping area as may be specified on the licence or permit. Definitions for section 38(2) In this section, "registered trapline district" means an area designated as a registered trapline district by the regulations; (« district de sentiers de piégeage enregistrés ») "special trapping area" means an area designated as a special trapping area by the regulations. (« zone spéciale de piégeage ») S.M. 1989-90, c. 27, s. 19 . Interference with traps 39 No person shall remove, disturb, spring or in any way interfere with any trap set out lawfully by any other person for the purpose of taking fur bearing animals. Shooting beaver, etc. 40(1) Except as may be otherwise permitted by this Act or the regulations, no person shall (a) shoot or spear a muskrat, beaver or otter, except when the muskrat, beaver or otter is on land or in a trap; (b) subject to subsections (2) and (3), spear, break, destroy or remove a muskrat house, beaver lodge or beaver dam; or (c) subject to subsections (2) and (3), disturb or destroy the den, nest or lair of a fur bearing animal. Opening muskrat house 40(2) A person who has a licence or permit to trap muskrats may open a muskrat house within the area in which the licence or permit is valid and during the period when the trapping of muskrats is permitted for the purpose of setting a trap within the house, if the person recloses the house in such a way that the water entrance thereto does not freeze. Authorization of minister 40(3) The minister may authorize a person to destroy or remove a muskrat house, beaver dam or beaver lodge, or the den, nest or lair of a fur bearing animal, subject to such terms and conditions as the minister may impose. 40(4) to (7) [Repealed] S.M. 2021, c. 48, s. 21 . S.M. 2020, c. 26, s. 2 ; S.M. 2021, c. 48, s. 21 ; S.M. 2025, c. 11, s. 48 . Landowner removal of beaver dams 40.1(1) The owner of private land, or a person authorized by the owner, may destroy or remove a beaver dam or beaver lodge and any associated debris that is located within the boundaries of the owner's land, subject to any conditions or requirements established by regulation. Application to municipal lands 40.1(2) For certainty, subsection (1) applies to lands owned by a municipality or local government district, or an incorporated community as defined in The Northern Affairs Act . S.M. 2021, c. 48, s. 21 . 41 [Repealed] S.M. 1989-90, c. 27, s. 20 ; S.M. 2015, c. 33, s. 7 . Trading in furs 42(1) No person shall engage in or carry on or be concerned in the business of trading, buying or selling of the pelts, skins or hides of wild animals, or solicit trade therein, except pursuant to a licence. 42(2) [Repealed] S.M. 1991-92, c. 17, s. 4. S.M. 1991-92, c. 17, s. 4 ; S.M. 2015, c. 33, s. 8 . Purchase of pelts 43(1) No person shall purchase or acquire a pelt, skin or hide of any wild animal from a person who does not have a licence or permit authorizing the person to sell or trade in the pelt, skin or hide. Dressing pelts 43(2) Subject to subsection (3), no person shall dress or tan a pelt, skin or hide of any wild animal, or in any way undertake, contract or agree to do so, except under the authority of a licence or permit. Exception 43(3) Subsection (2) does not apply to a person who for their own use dresses or tans a pelt, skin or hide of any wild animal which they have lawfully taken or acquired. S.M. 2015, c. 33, s. 9 . 44 [Repealed] S.M. 1989-90, c. 27, s. 21 . DIVISION 4 GENERAL OFFENCES Possession of live wild animals 45 Except as may be otherwise permitted by this Act or the regulations, no person shall capture alive or have possession of any live wild animal. Defence of property 46(1) Despite any other provision of this Act, but subject to sections 10, 11, 12 and 24, the owner or occupier of private land or leased agricultural Crown land, or a person authorized by the owner or occupier, may kill or take any wildlife on the land — other than a moose, caribou, deer, antelope, cougar, elk or game bird — for the purpose of defending or preserving their property. Report 46(2) A person who kills or takes any species of wild animal in defence or preservation of their property as provided in subsection (1) shall report the killing or taking to an officer within 10 days thereof. Sale of pelt 46(3) All property, rights, title and interest in and to any species of wildlife listed in Schedule A or in the regulations taken under this section are vested in the Crown, and no person shall sell or barter or offer or attempt to sell or barter or otherwise make use of the pelt, carcass, skin or any other part thereof unless the person first obtains a permit therefor from the minister. S.M. 2005, c. 23, s. 2 ; S.M. 2020, c. 26, s. 3 ; S.M. 2021, c. 48, s. 21 . Transporting 47 No person shall (a) ship by common carrier or mail, or deliver to another person for shipping by common carrier or mailing, any package, parcel, crate or receptacle that to their knowledge contains a wild animal or any part of a wild animal and does not have plainly marked on the outside thereof a complete description of the contents; or (b) unless authorized by a transport permit or possession permit, accept or have possession of the carcass of a big game animal or any part of the carcass to which a game tag issued with or as part of a licence to hunt that species of big game animal is not attached; or (c) not being a common carrier carrying a big game animal or game bird under a bona fide bill of lading, transport a big game animal or game bird that was killed or taken by another person, unless that other person accompanies the big game animal or game bird, or (i) in the case of the big game animal, the declaration on the game tag required under clause (b) was completed and signed by the person who killed the animal, or (ii) in the case of the game bird, the bird is accompanied by a statement signed by the person who killed the bird showing their name, address, the number of the licence authorizing the taking of that species of bird, and the date of the signing of the statement. S.M. 2025, c. 11, s. 48 . Prohibited species of animals 48(1) The minister may, by regulation, declare the possession of any species or type of animal to be prohibited in the province. Importing or exporting prohibited 48(2) Subject to subsections (3) and (4) and except as may be otherwise provided in this Act or in the regulations, no person shall (a) import into the province, or have in their possession, or release into the wild, any species or type of animal the possession of which has been declared under subsection (1) to be prohibited in the province; or (b) import into the province any wild animal except as may be authorized by a permit; or (c) have possession of any wild animal, imported into the province without the authority of a permit; or (d) export or attempt to export from the province any wild animal, or any part of a wild animal, except pursuant to a permit. Exception 48(3) Subsection (2) does not apply to an animal that was killed outside of Manitoba but is accompanied by the permit issued within the jurisdiction where the animal was killed authorizing the export thereof from the jurisdiction. Export permit 48(4) For the purposes of clause (2)⁠(d), a licence authorizing the taking of a wild animal other than a fur bearing animal, or a game tag issued with the licence, shall be presumed to be a permit authorizing the export from the province of the species or type of wild animal for which the licence is issued. S.M. 2025, c. 11, s. 48 . Destruction of nest or eggs 49 No person shall take or have possession of or wilfully destroy the nest or eggs of any game bird or any bird listed in Division 6 of Schedule A, except as may be authorized by a licence or permit. Destruction of habitat 50(1) No person shall destroy or damage habitat on Crown lands, except pursuant to a licence, permit or other authorization issued or given under this or any other Act of the Legislature. Action for damages to habitat 50(2) The Crown has a right of action against any person who wilfully or negligently destroys or damages habitat on Crown land, and may recover damages from the person for any costs that the government may be required to expend for rehabilitation of the habitat to a state approved by the minister. Guide licence 51 No person shall, for compensation or reward or in the hope or expectation thereof, lead or assist another person to or from a place where that other person expects to hunt a wild animal, or assist that other person in the hunting of a wild animal, except under the authority of a licence. Taxidermy licence 52 No person shall engage in the business of taxidermy, except under the authority of a licence. Notices and signs 53 No person shall (a) damage, deface, destroy or remove any notice or sign posted under this Act or the regulations; or (b) without authority, post any notice or sign for the posting of which provision is made under this Act or the regulations. 54 [Repealed] S.M. 1989-90, c. 27, s. 22 . PART III LICENSING Issue of licences and permits 55(1) Subject to the provisions of this Act, the minister may issue to any person any licence or permit required under the Act. 55(2) [Repealed] S.M. 2025, c. 11, s. 48 . Terms and conditions 55(3) A licence or permit may be subject to terms and conditions (a) imposed by regulation; or (b) imposed by the minister on that specific licence or permit. Issue of licences, etc., by vendors 55(4) The minister may in writing authorize any person to issue licences or permits on the minister's behalf to any applicant but subject to such terms and conditions as the minister may impose. S.M. 1992, c. 58, s. 36 ; S.M. 2025, c. 11, s. 48 . Regulations re authorized issuer 55.1(1) Despite any other provision of this Act or the regulations, the Lieutenant Governor in Council may, by regulation, authorize a person or organization to perform all or any of the minister's powers, duties and functions under this Act and the regulations respecting the issuance and renewal of a prescribed type of licence or permit. Required contents of regulation 55.1(2) A regulation under subsection (1) must address the following: (a) the person or organization that is authorized to issue and renew licences or permits; (b) the types of licences or permits that the person or organization is authorized to issue and renew; (c) the powers, duties and functions of the minister that the person or organization is authorized to exercise or perform in relation to the issuance or renewal of licences or permits; (d) the collection and remittance of fees for licences and permits; (e) the collection, use, access, disclosure, protection, return and destruction of personal information by the person or organization. Additional contents of regulation 55.1(3) A regulation under subsection (1) may also address (a) the manner in which the person or organization must perform the minister's powers, duties and functions in relation to the issuance and renewal of licences or permits; (b) any other matter that the Lieutenant Governor in Council considers necessary. S.M. 2015, c. 33, s. 10 . Agreements re licence issuance 55.2(1) Subject to the approval of the Lieutenant Governor in Council, the minister may enter into an agreement with a person or organization respecting the issuance and renewal of licences and permits by the person or organization. Terms of agreement 55.2(2) The agreement may address one or more of the following: (a) the exercise of powers and the performance of duties and functions relating to licence or permit issuance and renewal by the person or organization; (b) the sharing of personal information between the person or organization and the government respecting applicants and persons who have been issued licences or permits; (c) indemnification between the person or organization and the government; (d) the obligation of the person or organization to report to the minister; (e) termination of the agreement; (f) any other matter that the minister considers necessary. S.M. 2015, c. 33, s. 10 . Not Crown agent 55.3 A person or organization that is authorized to issue and renew licences or permits is not an agent of the Crown. S.M. 2015, c. 33, s. 10 . Refusal to issue licence or permit if fine unpaid 55.4 The minister may refuse to issue a licence or permit to any person who has not paid a fine imposed for a contravention of this Act, the regulations or any other prescribed Act. S.M. 2015, c. 33, s. 10 . Consequences of suspension in other jurisdiction 55.5 If a person is convicted of an offence under a statute or regulation respecting wildlife in another jurisdiction that results in the person being prohibited from applying for or obtaining a hunting licence in that jurisdiction, the person must not apply for or obtain a licence under this Act that authorizes the hunting, killing or taking of an animal of a species or type listed in Division 1, 3 or 4 of Schedule A during the term of prohibition in that other jurisdiction. S.M. 2015, c. 33, s. 10 . Compliance with terms and conditions of licences and permits 56 Every holder of a licence or permit shall comply with the terms and conditions thereof. S.M. 1992, c. 58, s. 36 . Cancellation of licences or permits 57 The minister may cancel any licence or permit if the minister is satisfied that the holder thereof, or any other person with the connivance of the holder thereof, has failed to comply with any provision of this Act or the regulations or with any of the terms and conditions of the licence or permit, notwithstanding that no prosecution has been instituted or conviction had in respect of the failure to comply. 58 [Repealed] S.M. 1989-90, c. 27, s. 23 . False statements 59 No person shall make a false statement in any application for a licence or permit, or in any return or report required to be made under this Act or the regulations. S.M. 1992, c. 58, s. 36 . Licence not transferrable 60(1) A licence or permit and the rights or privileges thereunder cannot be transferred from the person to whom the licence or permit is issued, to any other person. Attempt to transfer licence 60(2) No person to whom a licence or permit has been issued shall deliver it to another person in circumstances where the person might reasonably expect that the other person would attempt to use the licence or permit and purport themselves to be the holder of the licence or permit. Using licence of another 60(3) No person who has possession of a licence or permit issued to another person shall (a) purport to be that other person to any officer; or (b) attempt or purport to exercise any rights or privileges granted under the licence or permit. S.M. 1992, c. 58, s. 36 . Licence to be carried on person 61(1) Every person who is required to hold a licence or permit shall carry the licence or permit on their person at all times while using it. Production of licence 61(2) Every person who is required to hold a licence or permit shall produce and show it to an officer upon being requested to do so. S.M. 1992, c. 58, s. 36 ; S.M. 2015, c. 33, s. 11 . Issue of licence for special area 62(1) A licence or permit may be issued for use in a special area, and when so issued the licence or permit is invalid and of no effect except within that special area. Licence for specific period 62(2) A licence or permit may be issued for a specific period, and a licence or permit so issued is invalid and of no effect except during that specific period.
Part document.segment-2
The Wildlife Act — segment 2
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The Wildlife Act — segment 2
This part lets the minister and officers issue and enforce wildlife licences and permits, and it sets duties, offences, penalties, and reporting requirements.
Licence for special method 62(3) A licence or permit to hunt, kill, trap or capture wildlife may be issued for a special method of hunting, killing, trapping or capturing that wildlife, and a licence or permit so issued shall indicate on the face thereof the special method for which it is issued, and the licence or permit is invalid and of no effect except for hunting, killing, trapping or capturing the wildlife by that special method. Fee to licence issuer 63 The minister may direct that a person who is authorized by the minister to issue a licence and who is not an employee of the government be paid a commission fixed by the regulations for each licence issued by the person, and that person may deduct the amount of the commission from the fee paid to them for the licence before remitting the fee to the government. S.M. 1992, c. 58, s. 36 . Allocation of licences to guides and outfitters 63.1(1) The minister may, in accordance with the regulations, allocate specified kinds, classes and types of hunting licences to be issued by (a) guides licensed under this Act; and (b) outfitters licensed under The Resource Tourism Operators Act . Allocation fee 63.1(2) A guide or outfitter must pay the fee prescribed by the regulations for each hunting licence allocated to them. S.M. 2005, c. 23, s. 3 . Authorization to capture or kill wildlife 64(1) The minister may authorize a person to capture or kill wildlife or exotic wildlife for the purpose of protecting property or public safety, research or the management of wildlife or exotic wildlife. The authorization must be in writing. Conditions 64(1.1) A person authorized to kill or capture wildlife or exotic wildlife under subsection (1) must comply with any conditions imposed by the minister in the authorization. Property in wildlife killed under authority 64(2) When a person captures or kills wildlife pursuant to an authorization under subsection (1), all property, rights, title and interest in and to the wildlife, unless waived by the minister, are in the Crown. S.M. 1992, c. 58, s. 36 ; S.M. 2000, c. 10, s. 4 ; S.M. 2005, c. 23, s. 4 . Officer may capture or kill wildlife 64.1 An officer may capture or kill wildlife or exotic wildlife for the purpose of protecting property or public safety, research or the management of wildlife or exotic wildlife. S.M. 2005, c. 23, s. 5 . Permit for wildlife or exotic wildlife, nests or eggs 65 Notwithstanding any other provision in this Act or the regulations, the minister may grant, subject to such terms and conditions as the minister may impose, a permit to hunt, trap or take or be in possession of any wildlife or exotic wildlife or the nest or eggs of any bird, for (a) educational or scientific purposes; or (b) any other purpose that the minister deems to be in the public interest. S.M. 1989-90, c. 27, s. 24 ; S.M. 2000, c. 10, s. 5 ; S.M. 2025, c. 11, s. 48 . Effect of licences and permits 66 A licence or permit is not, and does not operate as, a demise, lease or transfer of any title or interest in or to land. 67 [Repealed] S.M. 1989-90, c. 27, s. 25 . PART IV ENFORCEMENT Appointment of employees 68(1) Such employees as may be necessary for the administration of this Act may be appointed under Part 3 of The Public Service Act . Appointment of officers 68(2) The minister may appoint officers for the purpose of carrying out the Act and the regulations. Temporary officers 68(3) An officer, while engaged in the enforcement of this Act or the regulations, may call upon any person for assistance and that person, while giving the assistance, is an officer for the purposes of this Act. S.M. 1989-90, c. 27, s. 26 ; S.M. 2021, c. 11, s. 65 . Authority of officer 69 For the purposes of this Act, an officer is, and has and may exercise the powers and authority of, a police constable or peace officer. Exemption for officer 69.1(1) For the purpose of conducting investigations related to the enforcement of this Act, The Endangered Species and Ecosystems Act , The Resource Tourism Operators Act or The Fisheries Act , the minister may exempt an officer from the application of provisions of this Act and the regulations made under it. Requirements 69.1(2) An exemption must be in writing and include restrictions respecting (a) the duration of the exemption; and (b) the acts or omissions, that would otherwise constitute offences, that the officer is allowed to commit while conducting investigations. S.M. 2005, c. 23, s. 6 ; S.M. 2008, c. 42, s. 97 ; S.M. 2013, c. 38, s. 25 . Inspection of premises and records 70(1) An officer may, at any reasonable time and where reasonably required to determine compliance with this Act or the regulations, (a) enter and inspect any premises in respect of which a licence or permit has been issued; and (b) inspect any records required to be kept under this Act or the regulations, and the person required to keep the records shall produce them upon the request of the officer, and the officer may examine the records, take extracts therefrom or make copies thereof. Powers of arrest 70(2) An officer, upon witnessing the commission of an offence under this Act or the regulations, may without process arrest the person committing the offence and bring the person before a court of competent jurisdiction to be dealt with according to law. Entry upon private property 70(3) In the discharge of their duties under this Act, an officer and any person accompanied by the officer may enter upon and pass through or over private land without being liable for trespass. Inspection of hunting or trapping camps 70(4) An officer may inspect any camps occupied by hunting or trapping parties. S.M. 1989-90, c. 27, s. 27 . Seizure in execution of duties 71(1) Any officer acting in the course or scope of duty who discovers an offence being committed against this Act or the regulations may seize (a) all or part of any wildlife or exotic wildlife, or the pelt, skin or hide of any wildlife or exotic wildlife; (b) any firearm, ammunition, decoy, or other implement or appliance used for shooting, hunting or trapping; (c) any vehicle, boat, aircraft, or other conveyance; and (d) any other thing; which is being used to commit the offence or which is evidence of the offence, and may bring it before a justice, or report on it to a justice, to be dealt with according to law. Warrant to enter and seize 71(2) A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that (a) an offence against this Act or the regulations has occurred or is occurring; and (b) there is to be found in any building or receptacle, or any vehicle, boat, aircraft or other conveyance, or any other place in the province a book, record, document, specimen of wildlife or exotic wildlife, pelt, skin or hide of wildlife or exotic wildlife, firearm, quantity of ammunition, implement, appliance or other thing which affords evidence of the offence; may at any time issue a warrant authorizing any officer and such other persons as may be named in the warrant, to enter and search the building, receptacle, conveyance or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law. Seizure without warrant 71(3) Where an officer believes, on reasonable and probable grounds, that (a) an offence against this Act or the regulations has occurred or is occurring; and (b) there is to be found in any vehicle, boat, aircraft, or other conveyance in the province a book, record, document, specimen of wildlife or exotic wildlife, pelt, skin or hide of wildlife or exotic wildlife, firearm, quantity of ammunition, implement, appliance or other thing which affords evidence of the offence; and it is not practicable in the circumstances to obtain a warrant in accordance with subsection (2), the officer may, without warrant, search the conveyance for the thing and may seize and bring it before a justice, or report on it to a justice, to be dealt with according to law. Seizure for examination, etc. 71(4) An officer who suspects on reasonable and probable grounds that any wildlife or exotic wildlife has a disease may seize the wildlife or exotic wildlife for the purpose of performing a biological or scientific examination of it, and where upon examination the wildlife or exotic wildlife is found to have a disease, the minister may direct that it be treated, destroyed, or otherwise disposed of in such manner as is reasonably required under the circumstances. S.M. 1994, c. 8, s. 7 ; S.M. 2000, c. 10, s. 6 ; S.M. 2015, c. 33, s. 12 . Inspection of firearms 72(1) An officer may inspect any firearm found in or on any vehicle. Production of firearm 72(2) Every person, upon being requested to do so by an officer, shall forthwith produce and allow the officer to inspect any firearm in their possession or subject to their control. Officer may stop vehicle 73(1) For purposes of exercising any enforcement power under this Act or the regulations, an officer may signal or request any person driving a vehicle to stop, and thereupon the person shall bring the vehicle to a stop and shall not proceed until permitted to do so by the officer. Inspection of wildlife or exotic wildlife 73(2) An officer may inspect any wildlife or exotic wildlife found in or on a vehicle. S.M. 2000, c. 10, s. 7 . No obstruction of officers 73.1 A person must not obstruct or hinder, or make a false or misleading statement to, an officer who is exercising powers or performing duties under this Act. S.M. 2015, c. 33, s. 13 . Officer may kill dog 74 An officer may, at any time and without incurring any liability therefor to the owner of the dog, kill any dog found running after, pursuing or molesting a big game animal, fur bearing animal or wild turkey. Possession 75(1) For the purposes of this Act and the regulations, (a) a person has anything in possession when they have it in their personal possession or knowingly (i) has it in the actual possession or custody of another person, or (ii) has it in any place, whether or not that place belongs to or is occupied by them, for the use or benefit of themselves or of another person; and (b) where one or two or more persons, with the knowledge and consent of the rest, has anything in their custody or possession, it shall be deemed to be in the custody and possession of each and all of them. Onus of proof in possession 75(2) In any prosecution arising out of the possession of anything, the burden of proof is on the accused to prove they did not have possession of the thing within the meaning of subsection (1). Place of origin 75(3) For the purposes of this Act and the regulations, any wildlife found within the province shall be presumed to have its place of origin in the province, and where the wildlife is dead it shall be presumed to have been killed within the province. Onus arising from possession 76 Where any person is charged with a violation of any provision of this Act or the regulations (a) by reason of that person having trapped, taken, killed, procured or kept any wildlife or exotic wildlife or any part thereof, the trapping, taking, killing, procuring or keeping of which is prohibited, or by reason of that person having taken, killed or kept any wildlife or exotic wildlife or any part thereof in an area where or during a period or at a time when the trapping, taking, killing, procuring or keeping was prohibited; or (b) by reason of the person having had in their possession any article the possession of which is prohibited, or by reason of their having had in their possession any article in an area where or during a period or at a time when possession thereof was prohibited; if it is shown to the satisfaction of a judge or justice of the peace that the wildlife or exotic wildlife or the part thereof or the article was found in their possession or under their control, the person shall be presumed to have committed the offence with which they are charged. S.M. 1989-90, c. 27, s. 28 ; S.M. 2000, c. 10, s. 8 ; S.M. 2005, c. 8, s. 11 . Certificate of minister 77(1) In a prosecution or proceeding under this Act or the regulations in which proof is required respecting: (a) the issue or cancellation of a licence or permit or a hunter and firearm safety training certificate; (b) whether or not a person is the holder of or is entitled to hold a licence or permit or a hunter and firearm safety training certificate; (c) the appointment of officers; or (d) the delivery, service, mailing or giving of a document or notice by the minister; a certificate signed by the minister is admissible in evidence as prima facie proof of the facts stated in the certificate and as conclusive proof of the authority of the minister without further proof of the appointment or signature of the minister. Certificate respecting examination 77(2) In a prosecution or proceeding under this Act or the regulations, a certificate signed (a) by a person in charge of a laboratory or meterorology station operated or maintained by the government or by the Royal Canadian Mounted Police, or by a person under the administration of the person in charge; or (b) by a person designated by the minister to perform examinations; stating that the person has examined an animal, product or substance and stating the results of the examination is admissible in evidence without proof of the signature or official character or of the qualifications of the person appearing to have signed the certificate and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate. Minister may designate expert 77(3) The minister may designate any person who the minister deems qualified to conduct examinations for the purpose of subsection (2). Notice of certificate 77(4) A certificate under subsection (2) shall not be received in evidence unless the party intending to produce it has given to the accused reasonable notice of the intention together with a copy of the certificate. Service 77(5) In addition to any other method of service permitted by law, a certificate under subsection (2) may be served on the accused by registered mail sent to the address given by the accused to the officer when the person was charged. Same name 77(6) The fact that a person charged in an information laid or a complaint made under this Act has the same name as the person referred to in a certificate of the minister as being the holder of a licence or permit, is prima facie proof that the person so charged is that holder. S.M. 1989-90, c. 27, s. 29 ; S.M. 1992, c. 58, s. 36 . Forfeiture of wildlife 78(1) When any wildlife or part of wildlife or the pelt, skin or hide of wildlife is seized in respect of an alleged offence under this Act or the regulations, (a) if the accused is convicted, the wildlife or part of wildlife or the pelt, skin or hide of wildlife is forfeited to the Crown and shall be disposed of as the minister or an officer directs; and (b) if the accused is acquitted or prosecution is not proceeded with, the wildlife or part of wildlife or the pelt, skin or hide of wildlife shall be turned over to the person lawfully entitled to possess it. Automatic forfeiture of other things 78(2) When an accused is convicted of any of the following offences, any thing seized under this Act in respect of the offence is forfeited to the Crown and shall be disposed of as the minister or an officer directs: (a) an offence under section 12, if the accused has used vehicle headlights, or other light powered by a vehicle, as lighting or reflecting equipment for the purpose of hunting, killing, taking or capturing a big game animal; (b) an offence under section 22 or under the regulations, if the accused has discharged a firearm from a vehicle while hunting a big game animal, other than from a power boat while the motor was not in use and any progress as a result of the motor having been in use had ceased; (c) an offence under section 30 or 30.1, or under any regulation relating to the handling, possession or transporting of or the trading in wild animal parts, if the accused has bought, sold or traded in big game animals, game birds or animals of a protected species or any of the parts of those animals. Discretionary forfeiture of other things 78(3) When an accused is convicted of an offence under this Act or the regulations, other than an offence described in subsection (2), and any thing is seized in respect of the offence, the presiding justice may, in addition to imposing any other penalty provided for in this Act, order the thing to be forfeited to the Crown. Forfeiture of other things in cases of injury 78(3.1) When an accused is convicted of an offence under section 10, in addition to any other penalty provided for in this Act, the presiding justice shall make a finding as to whether the actions of the accused caused or could reasonably have been expected to cause an injury to any person, and when the presiding justice so finds, any thing that is seized under this Act in respect of the offence is forfeited to the Crown. Disposal 78(4) Where a thing has been ordered to be forfeited under subsection (3) or (3.1), it shall be disposed of as the minister or an officer directs, but otherwise the thing shall be turned over to the person who is lawfully entitled to possess it at the conclusion of proceedings in respect of the alleged offence. Where person unknown 78(5) Where, for six months or more after a thing has been seized under this Act, the person who is lawfully entitled to possess it is unknown or cannot be located after reasonable effort, the thing becomes the property of the Crown and may be disposed of as the minister or an officer directs. S.M. 1994, c. 8, s. 9 . Jurisdiction of justice of peace 79 A justice of the peace may hear, try, determine and adjudge prosecutions, charges, matters and proceedings initiated, brought or taken under this Act or the regulations. S.M. 2005, c. 8, s. 11 . General offence 80(1) A person who contravenes or fails to observe a provision of this Act or the regulations is guilty of an offence. Penalty 80(2) A person who is convicted of an offence against this Act for which no other penalty is provided is liable to a fine of no more than $25,000 or to imprisonment for a term of no more than six months, or both. Penalty 80(3) A person who is convicted of an offence against the regulations is liable to a fine of no more than $25,000 or to imprisonment for a term of no more than six months, or both. S.M. 1989-90, c. 27, s. 30 ; S.M. 1994, c. 8, s. 10 ; S.M. 2015, c. 33, s. 14 . Limitation period 81(1) An information or complaint for an offence under this Act or the regulations may be laid at any time within two years after the date on which the offence is alleged to have been committed; but an information or complaint for failure to make a report or return required under this Act or the regulations or for making a false statement on any application or on the report or return may be laid at any time after the offence is alleged to have been committed. Description of offence 81(2) The description of an offence in the words of either this Act or the regulations, or in any similar words, is sufficient for the purposes of an information or complaint laid or made for an offence under this Act or the regulations. Separate offences 81(3) A violation of this Act or the regulations constitutes a separate offence in respect of each specimen of wildlife that is the subject thereof. Continuing offences 81(4) A violation of this Act or the regulations that continues for more than one day constitutes a separate offence on each day during which it continues. Defect in form 81(5) A conviction or order made in any matter arising under this Act or the regulations, either originally or on appeal, shall not be quashed for any defect in form. S.M. 1989-90, c. 27, s. 30 and 31; S.M. 2015, c. 33, s. 15 . PART V GENERAL Annual report 82 The annual report of the department must include a summary of the licences and permits issued under this Act during the fiscal year covered by the report. S.M. 2026, c. 37, s. 84 . Five year reports by minister 83 The minister must, within six months of the close of the fiscal year, 1987 and in every fifth year thereafter, prepare and lay before the next session of the Legislature following the close of the fiscal year, a report containing (a) a review of the status in the province of the animals listed in Schedule A and of such other wildlife as the minister may select for review; (b) a review of the wildlife management programs implemented by the minister and an assessment of their effectiveness; (c) an analysis of trends in, and a forecast of demands for, the use of the wildlife resource in the province; and (d) an evaluation of the capability of the wildlife resource in the province to meet anticipated demands. S.M. 2026, c. 37, s. 84 . Agreements 84(1) Subject to the approval of the Lieutenant Governor in Council, the minister may, on behalf of the government, enter into any agreement with the Government of Canada, the Government of a province or territory of Canada, or the government of a foreign country or state thereof, or an agency of any of the foregoing, or with a municipality or local government district or any society, group, organization, person or individual for (a) the joint management of wildlife or exotic wildlife, or mutual assistance in the enforcement of laws relative to wildlife or exotic wildlife; or (b) the development and implementation of joint informational, educational or training programs; or (c) the conduct of joint biological or ecological investigations; or (d) reciprocal arrangements for fees to be charged for licences or permits issued under this Act and their counterparts issued in the other jurisdictions; or (e) the joint management of wildlife habitats; or (f) the development and implementation of joint programs for the control of damage caused by wildlife or exotic wildlife; or (g) the development and implementation of joint programs for the control of wild animals; or for all or any of those matters, and the agreement may include provisions for contributions by the government toward the cost of implementing the provisions thereof. Leases 84(2) The minister may enter into lease agreements with the owners of lands for the purposes of wildlife management. Agreements to share conviction information 84(3) The minister may enter into an agreement with the government of another province, territory, country or state, or a department or agency of those governments, to share information respecting persons who have been convicted of offences under a statute or regulation respecting wildlife and the penalties and consequences that resulted from those convictions. S.M. 1989-90, c. 27, s. 32 ; S.M. 1992, c. 58, s. 36 ; S.M. 2000, c. 10, s. 9 ; S.M. 2015, c. 33, s. 16 . Property in wildlife vested in the Crown 85(1) Except as otherwise herein provided, all property rights, title and interest in and to wildlife are vested in the Crown. No Crown liability 85(2) Notwithstanding subsection (1) or any other provision of this or any other Act of the Legislature, no right of action lies and no right of compensation exists against the Crown for death, personal injury or property damage caused by any wildlife or exotic wildlife. S.M. 2000, c. 10, s. 10 . Property in lawfully killed wildlife 86(1) Subject to this Act and the regulations, where a person kills any wildlife lawfully, the person acquires all property, rights, title and interest in and to the carcass thereof and continues to have the property, rights, title and interest as long as they comply with the provisions of this Act and the regulations. Property in live wildlife 86(2) Subject to this Act and the regulations, where a person has possession of any wildlife that is live under a licence or permit that authorizes the person to keep the wildlife, the person has all property, rights, title and interest in and to the wildlife, and the person continues to have the property, rights, title and interest as long as they comply with the provisions of this Act and the regulations. Liability for value of animal involved in offence 86.1(1) A person who is convicted of a prescribed offence respecting the killing, possession or transportation of a wild animal is liable to the Crown for the value of the animal involved in the offence. Calculating value of animal 86.1(2) The value of a wild animal is to be calculated in accordance with regulations made under section 86.4. Joint and several liability 86.1(3) If more than one person is convicted of an offence involving the same animal, each person is jointly and severally liable to the Crown for the value of the animal. Liability in addition to other consequences 86.1(4) Liability to the Crown under this section is in addition to any fine, imprisonment, forfeiture or other consequence imposed as a result of the conviction. Interpretation: "convicted" 86.1(5) For the purpose of this section and sections 86.2 to 86.6, a person is convicted of an offence if they are found guilty of the offence, pleads guilty to the offence or pays a fine imposed in relation to the offence. S.M. 2014, c. 19, s. 5 . Notice of potential liability when charged 86.2(1) When a person is charged with an offence described in subsection 86.1(1), they must be provided with a written notice that advises the person that they will be liable to the Crown for the value of the wild animal involved in the offence if they are convicted of the offence. Notice of amount owing on conviction 86.2(2) The department must provide a person convicted of an offence described in subsection 86.1(1) with a written notice setting out the amount that the person owes to the Crown for the value of the wild animal involved in the offence and the deadline for payment. The payment deadline must be at least 60 days after the notice is sent. S.M. 2014, c. 19, s. 5 . Action to recover amount owing 86.3 The amount that a person who is convicted of an offence described in subsection 86.1(1) owes to the Crown for the value of the wild animal involved in the offence may be enforced by action in the Court of King's Bench. S.M. 2014, c. 19, s. 5 . Regulations establishing value of wild animals 86.4(1) The minister may make regulations establishing the value of wild animals. Calculating value 86.4(2) The regulations may establish the value of wild animals based on one or more of the following: (a) the species of animal; (b) the age of the animal; (c) the gender of the animal; (d) a specific feature or attribute of the animal; (e) the location where the animal was killed. S.M. 2014, c. 19, s. 5 . 86.5 [Repealed] S.M. 2014, c. 19, s. 5 ; S.M. 2020, c. 21, s. 193 . Licences cancelled while amounts owing 86.6(1) When a person who is convicted of an offence described in subsection 86.1(1) fails to pay the amount owing to the Crown for the value of the wild animal involved in the offence by the deadline specified in the notice provided under subsection 86.2(2), any licence issued under this Act that is held by the person is cancelled and the right of the person to obtain or hold such a licence is suspended until the amount owing to the Crown is paid. Prohibition on obtaining licence 86.6(2) A person whose right to hold a licence is suspended under subsection (1) must not obtain or attempt to obtain any licence under this Act until the amount owing to the Crown is paid. S.M. 2014, c. 19, s. 5 . Disposal of wildlife or exotic wildlife carcass 87(1) The minister may dispose of the carcass or any part of the carcass of any wildlife or exotic wildlife that is the property of the Crown, by sale, donation or destruction; but this subsection does not apply in the case of wildlife or exotic wildlife that is confiscated under this Act. Disposal of live wildlife or exotic wildlife 87(2) The minister may dispose of any live wildlife or exotic wildlife in captivity that is the property of the Crown, by selling, donating, killing and destroying the wildlife or exotic wildlife or setting it free. S.M. 2000, c. 10, s. 11 . Delegation of powers 87.1 The minister may delegate to the minister responsible for the administration of The Livestock Industry Diversification Act (a) the power to issue permits and licences authorizing operators of game production farms to keep wild animals that are, or are intended to become, game production animals; and (b) the power to sell or otherwise dispose of such animals to operators of game production farms. S.M. 1996, c. 37, s. 39 . Compensation for livestock killed by accident 88(1) Subject to subsection (2), where livestock is killed or injured by a person who is unknown to the owner thereof and who is hunting at a time hunting and killing of big game is permitted under this Act or a regulation made thereunder, with a firearm or bow and arrow suitable for hunting big game, the Minister of Finance on the recommendation of the minister may pay from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied, to the owner, (a) as compensation for the loss of the livestock and for veterinarian's fees necessary to determine the cause of death; or (b) as compensation for veterinarian's fees necessary to restore the livestock to health; as the case may be, such sum as the minister may deem to be reasonable but not exceeding the value of the livestock as determined by the minister after deducting any salvage value thereof to the owner. Conditions for compensation 88(2) No payment shall be made under subsection (1) (a) except in conformity with regulations therefor made by the Lieutenant Governor in Council; and (b) unless the person to whom the payment is made has applied in writing therefor to the minister on a form approved by the minister, and has complied with the requirements of the regulations made under clause (a). No application to game production animals 88(3) In this section, "livestock" does not include a game production animal. S.M. 1996, c. 37, s. 39 . Shared management committee 88.1(1) The minister may appoint persons to a shared management committee that will make recommendations to the minister on measures to conserve and manage a specified species of wildlife in an area designated by the minister. Membership 88.1(2) A shared management committee must have (a) at least half of its members be aboriginal persons who reside in or near the designated area; (b) at least one member from an organization representing hunters and one member from an organization representing outfitters; and (c) at least one person who owns land in or near the designated area, if there is privately owned land in or near the designated area. Recommendations re regulations 88.1(3) Without limiting its mandate under subsection (1), a shared management committee may make recommendations to the minister about regulations (a) prohibiting all persons from hunting the specified species of wildlife in the designated area; (b) requiring all persons to hold a special authorization in order to hunt the specified species in the designated area, and (i) limiting the number of authorizations to be issued, and (ii) establishing a process for allocating and issuing the authorizations to aboriginal persons and non-aboriginal persons; (c) establishing seasons and times when the specified species of wildlife may be hunted in the designated area or in a specified part of the designated area; (d) establishing limits on the number of animals of the specified species that may be killed in the designated area; and (e) respecting the manner in which hunting of the specified species must be carried out in the designated area, including the equipment to be used. Reasons required when recommendation not implemented 88.1(4) If a shared management committee makes a recommendation and the minister does not implement the recommendation, the minister must give the committee written reasons for the decision not to implement the recommendation. S.M. 2018, c. 33, s. 7 . Regulations 89 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders (a) prescribing fees and charges that must be paid in respect of applications, licences and permits, and hunting licences allocated to a guide or outfitter under section 63.1; (b) [repealed] S.M. 1991-92, c. 17, s. 5 ; (c) [repealed] S.M. 2015, c. 33, s. 17 ; (d) respecting the claims for and the manner of payment of compensation for damage to livestock; (e) respecting the establishment, development and administration of such programs as may be deemed necessary to prevent, moderate or to provide compensation for damage to crops caused by wildlife; (f) [repealed] S.M. 1991-92, c. 17, s. 5 ; (g) prescribing such co-operative programs as may be deemed necessary to maintain hunter and trapper access to privately owned lands; (h) respecting such other matters as may be required for the purposes of this Act. S.M. 1989-90, c. 27, s. 33 ; S.M. 1991-92, c. 17, s. 5 ; S.M. 1992, c. 58, s. 36 ; S.M. 2005, c. 23, s. 7 ; S.M. 2015, c. 33, s. 17 . Regulations by minister 90 For the purpose of carrying out the provisions of this Act according to their intent, the minister may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under and in accordance with the authority granted by this section has the force of law; and without restricting the generality of the foregoing, the minister may make regulations (a) respecting the issue of permits and licences and prescribing the terms and conditions thereof including, but without limiting the generality of the foregoing, (i) limiting the number of permits or licences of any kind, class or type that may be issued, and in the event of a surplus of applications, prescribing the basis or method of selection of those to whom the permits or licences may be issued, (ii) restricting the issue of permits or licences of any class or type to Manitoba residents, or prescribing separate permits or licences for Manitoba residents, Canadian residents and non-Canadian residents, (iii) fixing age requirements or other qualifications for any permit or licence or class of permit or licence and prescribing special terms and conditions to which any permit or licence or class of permit or licence issued to persons who are under any age, or who do not have specified qualification, shall be subject; (iv) establishing the manner in which permits and licences may be issued, including the submission of applications and the issuance of licences and permits using the Internet; (b) prescribing the manner in which a game tag or seal shall be used; (c) designating a specific period during which a permit or licence is valid; (d) designating a special method of hunting, killing, trapping or capturing wildlife for which a permit or licence is valid; (e) specifying the days of the week during which a permit or licence is valid; (f) designating a special area within which a permit or licence is valid; (g) prohibiting or regulating the hunting, killing, trapping, taking, capturing, baiting or attracting of a species or type of wildlife or exotic wildlife (i) generally, (ii) in a specified area, (iii) during a specified period of the year, (iv) in a specified manner, or (v) of a specified sex or age; (h) prescribing periods of the year during which wildlife, or a species or type of wildlife, may be hunted, killed, trapped or taken, or during which the hunting, killing, trapping or taking of a specified species or type of wildlife is prohibited; (i) prescribing specific days of the week on which wildlife, or any species or type thereof may be hunted, killed or taken, or during which hunting, killing or taking of a specified species or type of wildlife is prohibited; (j) prescribing times of the day when hunting is prohibited or the hunting and killing of a specified species or type of wildlife is prohibited; (k) regulating the use and management of, and the hunting, killing, trapping or taking of wildlife or exotic wildlife, or a species, type or kind of wildlife or exotic wildlife, in an animal control area, wildlife management area, public shooting ground, registered trapline district or special trapping area including, without limiting the generality of the foregoing, (i) prescribing special permits and licences for hunting or trapping and prescribing terms and conditions, and (ii) prescribing periods during which hunting or trapping of wildlife or exotic wildlife, or a species or type of wildlife or exotic wildlife, is permitted; (k.1) regulating any activity associated with wildlife or exotic wildlife for the purpose of protecting persons, livestock, crops, or other property; (k.2) respecting the destruction or removal of beaver dams and lodges under section 40.1, including (i) requiring notice to be given to prescribed persons, (ii) authorizing the killing of beavers associated with the dam or lodge, and (iii) specifying who has the property in any beavers that may be killed and the disposition of those beavers; (l) authorizing and regulating the hunting of big game by two or more persons jointly; (m) requiring Canadian residents and non-Canadian residents to use the services of guides or outfitters when hunting any species or type of wildlife in all or specified parts of the province or when hunting under a specified type or class of licence; (n) regulating the use of dogs for hunting or trapping wildlife or exotic wildlife or any species, type or kind thereof; (o) regulating the use of blinds, decoys, baits, attractants and chemical immobilization agents in the hunting, trapping, capture, observation, feeding, care, possession or husbandry of wildlife or exotic wildlife; (p) regulating the use of snares to catch or take wildlife or exotic wildlife; (q) regulating the use and possession of firearms, ammunition and bows and arrows for hunting or trapping and, in particular (i) the use or possession of specified types or classes of firearms or ammunition or bows and arrows for hunting or trapping purposes or for hunting or trapping specified species of wildlife or exotic wildlife or in a specified area, and (ii) prescribing rules of safety for the use and possession of firearms and bows and arrows; (r) prohibiting or regulating the possession of firearms or ammunition or bows and arrows, or certain types or classes thereof, in any part of the province; (s) prescribing the colour and type of dress to be worn by persons hunting or trapping a species or type of wildlife or exotic wildlife; (t) regulating the use of vehicles for any purpose relating to the hunting or trapping of wildlife; (u) regulating the use of vehicles and every type of water craft in marshes; (v) prescribing circumstances when a person may hunt at night or discharge a firearm at night; (v.1) for the purpose of section 12.1, establishing prohibitions and requirements on hunting at night by aboriginal persons in northern Manitoba; (v.2) respecting night hunting permits under section 12.2; (v.3) prescribing circumstances when night hunting may occur on private land under sections 12.1 and 12.2; (w) prescribing the maximum number of wildlife of any species or type that a person may have in their possession; (x) prescribing the maximum number of wildlife of any species or type that a person may take, kill or capture in any day, week, month or year; (y) respecting the length of time during which a person may have possession of the carcass of any wildlife after legally killing it, or any part of the carcass; (z) regulating the possession of wildlife or exotic wildlife or any species or type thereof; (aa) designating certain species or classes of animals as big game, game birds, small game, fur bearing animals, amphibians or reptiles, or as protected species, as the case may be; (bb) [repealed] S.M. 1989-90, c. 27, s. 34 ; (cc) prohibiting or regulating the importation into, or possession within, the province of any species or type of animal; (dd) prescribing conditions respecting the import, export or possession of any animal; (ee) regulating the possession of any animal brought into the province and requiring permits to be obtained prior to bringing them into the province; (ff) prescribing the terms and conditions under which meat of wildlife may be stored in frozen food locker plants or cold storage plants including, without limiting the generality of the foregoing, (i) regulating the number of carcasses or the amount of meat of any species or type of wildlife that may be stored by any person or class of person, (ii) regulating the time when and length of periods during which meat of wildlife may be so stored, and (iii) prescribing the records to be kept by the operator of the plant in respect of the meat of wildlife stored therein; (gg) regulating the sale of wildlife or exotic wildlife raised and kept in captivity; (gg.1) regulating the sale of wildlife or exotic wildlife brought into the province; (hh) respecting the licencing and operation of shooting preserves, and the possession, raising, propagation and taking of wildlife and exotic wildlife in captivity; (ii) regulating the training of dogs for hunting and the use of wildlife therefor, and the licencing of dog trainers; (ii.1) for the purpose of section 30.1, respecting the licencing of or the issuing of permits to persons who sell, buy, trade or barter wild animals or the parts of wild animals; (jj) respecting the licencing of taxidermists, tanners and fur dealers; (kk) prescribing records that a person to whom a permit or licence is issued shall keep, and returns and reports that the person shall make to the minister; (ll) regulating the serving of the meat of any wild animal for food in a place where meals are served for remuneration or in the hope or expectation thereof; (mm) [repealed] S.M. 1991-92, c. 17, s. 6 ; (mm.1) [repealed] S.M. 2021, c. 48, s. 21 ; (nn) regulating hunting or trapping on leased Crown lands to ensure the safety of persons and property; (oo) regulating the handling, possession or transporting of any species or type of wildlife or any parts thereof; (pp) regulating or prohibiting the activities of guides and prescribing the duties of guides; (pp.1) respecting the allocation of hunting licences to guides and outfitters under section 63.1; (pp.2) prescribing offences for the purpose of subsection 86.1(1); (qq) respecting the hunting, trapping, killing, taking or capturing of wildlife or exotic wildlife for gain, remuneration or reward or the hope or expectation of gain, remuneration or reward; (qq.1) exempting or excluding any class of person, activity or animal from the application of all or any part of this Act; (qq.2) prescribing anything referred to in this Act as being prescribed; (qq.3) defining any word or phrase used but not defined in this Act; (rr) respecting such other matters as may be required for the purposes of this Act. S.M. 1989-90, c. 27, s. 34 ; S.M. 1991-92, c. 17, s. 6 ; S.M. 1992, c. 58, s. 36 ; S.M. 1993, c. 48, s. 43 ; S.M. 1996, c. 37, s. 39 ; S.M. 2000, c. 10, s. 12 ; S.M. 2005, c. 23, s. 8 ; S.M. 2008, c. 42, s. 97 ; S.M. 2014, c. 19, s. 6 ; S.M. 2015, c. 33, s. 18 ; S.M. 2018, c. 33, s. 8 ; S.M. 2020, c. 26, s. 4 ; S.M. 2021, c. 48, s. 21 ; S.M. 2023, c. 11, s. 4 ; S.M. 2025, c. 11, s. 48 . Application of regulations 91 A regulation under this Act may be made to apply to the whole province or any part of the province. Incorporation by reference 91.1 A regulation made under this Act may adopt by reference, with any changes the maker considers appropriate, all or part of a code, rule, standard or system made by a governmental authority or any other body, authority or publication specified in the regulation, and the code, rule, standard or system may be adopted as amended from time to time. S.M. 2014, c. 19, s. 7 . Disposal of rents, fees, fines 92(1) Save as may be otherwise provided in this Act or the regulations, all rentals, licence fees, fines, penalties, proceeds of sale of articles or things confiscated, forfeited or seized, and any other receipts, fees and revenue under this Act and the regulations or under any lease, licence or other instrument, shall be paid to the Minister of Finance. Costs of administration 92(2) All costs incurred in the administration of this Act shall be paid from and out of the Consolidated Fund with monies authorized by an Act of the Legislature to be so paid and applied. S.M. 2015, c. 33, s. 19 . Rights against trespassers preserved 93 Nothing in this Act limits or affects any rights or remedies that any person has at common law or by statute for trespass in respect of land. Act subject to Natural Resources Transfer Act 94 This Act is subject to paragraph 13 of the Memorandum of Agreement set out in The Manitoba Natural Resources Transfer Act . S.M. 2010, c. 33, s. 71 . SCHEDULE A WILD ANIMALS Division 1 — Big Game Moose Alces alces Elk Cervus elaphus Barren-ground Caribou Rangifer tarandus groenlandicus Woodland Caribou Rangifer tarandus caribou White-tailed Deer Odocoileus virginianus Mule Deer Odocoileus hemionus Black Bear Ursus americanus Gray (Timber) Wolf Canis lupus Division 2 — Fur Bearing Animals Beaver Castor canadensis Short-tailed Weasel Mustela erminea Long-tailed Weasel Mustela frenata Coyote Canis latrans Fisher Martes pennanti Arctic Fox Canis lagopus Red Fox Canis vulpes River Otter Lutra canadensis Badger Taxidea taxus Bobcat Felis rufus Marten Martes americana Mink Mustela vision Muskrat Ondatra zibethica Red Squirrel Tamiasciurus hudsonicus Wolverine Gulo gulo Raccoon Procyon lotor Lynx Felis canadensis Division 3 — Game Birds Ruffed Grouse Bonasa umbellus Gray (Hungarian) Partridge Perdix perdix (Wild) Turkey Meleagris gallopava Rock Ptarmigan Lagopus mutus Willow Ptarmigan Lagopus lagopus Spruce Grouse Canachites canadensis Sharp-tailed Grouse Pedioecetes phasianellus Plus Migratory Game Birds protected in Canada under the Migratory Birds Convention Act, 1994 (Canada). Division 4 — Small Game Animals Division 5 — Amphibians and Reptiles Northern Leopard Frog (including tadpoles) Rana pipiens Tiger Salamander Ambystoma tigrinum Red-sided Garter Snake Thamnophis sirtalis Western Plains Garter Snake Thamnophis radix Division 6 — Protected Species Pronghorn (Antelope) Antilocapra americana Cougar Felis concolor White Pelican Pelecanus erythrorhynchos Double-crested Cormorant Phalacrocorax auritus Greater Prairie Chicken Tympanuchus cupido All vultures, eagles, hawks, osprey and falcons Falconiformes All owls Strigiformes Kingfisher Megaceryle alcyon Blue Jay Cyanocitta cristata Gray (Canada) Jay Perisoreus canadensis Common Raven Corvus corax Western Hognose Snake Heterodon nasicus Northern Prairie Skink Eumeces septentrionalis Plains Spadefoot Toad Scaphiopus bombifrons Polar Bear Ursus maritimus Wood Bison (except Wood Bison kept in captivity and privately owned) Bison bison athabascae Snapping Turtle Chelydra serpentina Painted Turtle Chrysemys picta Plus Migratory Non-Game Birds and Migratory Insectivorous Birds protected in Canada under the Migratory Birds Convention Act, 1994 (Canada). SCHEDULE B S.M. 2018, c. 33, s. 9
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